[eggy]

Hi All,

I have just purchased a 07 335i from a well known BMW dealership in NSW and have had it trucked down to Melbourne.

After taking delivery of the car I have had all these issues come up the main one being engine check light and no power, second being washer fluid constantly being emptying out.

As the car is a premium select vehicle I have taken it to Doncaster BMW and they are still investigating the engine check light (assuming fuel pump), the washer fluid was fixed by replacing the jets and a pipe however whilst fixing that issue they have identified that the internal parts of the active xenon headlights are lose and misaligned, there is also condensation in the headlights (covers half of the headlights) and when braking you can see that the lights move/jitter. They have told me it won’t be covered under warranty as it looks like it has been repaired or something.

My main questions are, is this a roadworthy issue as the car has yet to be registered in Melbourne and also should this be covered by the NSW dealership under the NSW statutory warranty?

Oh yeh they also advertised the car with comfort access however Doncaster has just confirmed that it doesn’t have it. Looks like ill be taking that up with consumer affairs and BMW Australia.

So much for buying a premium select vehicle from a BMW dealership.

Any help appreciated.

Thanks

[pcockley]

Firstly I could be wrong but. My understanding is that all non consumables are covered period. So the battery would not but the lights definitely would, have you considered calling the mtaa

[E92325i]

Originally Posted by eggy

...second being washer fluid constantly being emptying out.


Thanks

Sorry i can't help you on the other issues but could you please tell me what doncaster changed out exactly on your car to fix this issue and who you dealt with?

I've taken my car back 6 times for this and they can never bloody fix it. They just replace the sensor in the fluid tank despite me telling them numerous times that the water is physically emptying out of the fluid tank hence it's not a sensor issue

I have been battling with this issue for nearly 2 years now!

Thanks

[eggy]

Doncaster Bmw now believe that the car has been in a front end accident, they will do a proper inspection on Monday. I thought bmw didnt sell cars under the premium banner if they have been in a accident....

E92325i: They replaced a broken pipe, jets and washers on the left hand side. Speak to Jason from the service department his dealing with my car.

[Dec540]

Doesn't sound good mate.

If i were you i'd stress that comfort access was a large reason why you were buying the car. You also were buying the car from BMW's premium selection as you were under the impression that the car would have been throughly inspected prior to sale. Obviously it's not the case with either of the above points and as such you may be able to get out of the sale all together.

[pcockley]

Originally Posted by eggy

Doncaster Bmw now believe that the car has been in a front end accident, they will do a proper inspection on Monday. I thought bmw didnt sell cars under the premium banner if they have been in a accident....

E92325i: They replaced a broken pipe, jets and washers on the left hand side. Speak to Jason from the service department his dealing with my car.

Shit, sorry dude sounds like a world of pain. BTW which dealer in sydney should I avoid.

[Stuart@BMRAutowerkes]

car sounds like a lemon, unless you got it super cheap, ask for a refund due to gross misrepresentation... or demand a refund. whichever.

[eggy]

Just had a check over done by bmautowerks in melbourne, it has been confirmed that the car has been stacked at the front and badly repaired, the headlights are not roadworthy, high beam assist and adaptive headlights not working, front dics and brakes are not roadworthy too. Total repair bill looks like about 6k. Reckon its possible to ask for a refund when I have already taken delivery of the car?

Spoke to the GM at Closter bmw and he reckons that the car was fully checked, which is a load of shit, the mechanic at bm autowerks spotted these straight aways during a normal RWC test. I also have the full 100point inspection report which shows everything is in perfect order...misleading much! I dont even want the car anymore as its been in a accident and not properly repaired.

Looks like its going to get messy...

[pcockley]

Originally Posted by eggy

Just had a check over done by bmautowerks in melbourne, it has been confirmed that the car has been stacked at the front and badly repaired, the headlights are not roadworthy, high beam assist and adaptive headlights not working, front dics and brakes are not roadworthy too. Total repair bill looks like about 6k. Reckon its possible to ask for a refund when I have already taken delivery of the car?

Spoke to the GM at Closter bmw and he reckons that the car was fully checked, which is a load of shit, the mechanic at bm autowerks spotted these straight aways during a normal RWC test. I also have the full 100point inspection report which shows everything is in perfect order...misleading much! I dont even want the car anymore as its been in a accident and not properly repaired.

Looks like its going to get messy...

I'd be incluned to go straight to BMW australia and shit on their plate demanding they do somehting about it like 1. refund your money or 2. swap it for a new one

[Stuart@BMRAutowerkes]

yeh you can def get a refund due to the car being a piece of shit either through goodwill of the dealer or through a legal avenue such as gross misrepresentation. In fact the BMW Premium Selection might have something as well... maybe its even available under a 'cooling off' period in your contract. Kick up a fuss and it'll be resolved (eventually).

Goodluck.

[NATTYY]

This is from the Consumer Affairs Website

"Parts and repairs

If your car needs repairs while under statutory warranty, contact the trader from whom you bought it. If you arrange repairs before doing so, your statutory warranty may become void and you may have to bear the costs.

Second-hand parts can be used as long as they are suitable and serviceable. The time it takes to repair your car is added to the warranty period.

If your car cannot be driven due to a warranty defect, the trader must pay any towing costs. However, the trader or mechanic is not obliged to provide a replacement vehicle while your car is being repaired. If a courtesy vehicle is provided, make sure it is insured adequately"

I guess you can't trust anyone these days not even BMW dealers!

Hopefully you got the car super cheap to make all this worthwhile.

Did you check if the car's been listed as a repairable/inspected write-off?

If it is you're in luck, as legally a 'dealer' must disclose this information. a private seller does not.

That would give you legal grounds for a full refund.

[QLD]

I'd say you have very little chance of a refund, so personally I'd say you would be wasting energy persuing that... however, you absolutely DO have rights - and they MUST repair your car and make it roadworthy.. and don't accept it back until it is of a standard acceptable to you.

The issue here is "you said, he said".

You say the car is in that condition because it happened before you got it - the dealership say it happened AFTER delivery... a 100point check was carried out and they say the car was perfect.... they say its your issue.

I don't envy you.... ugly and messy...

They will say they have 'proof' that it was perfect because a factory trained mechanic certified it so.... you have no proof, because you did not get an independent mechanic to assess it prior to purchase.... "you said.. he said"...

Poor bastard.. don't envy you....

[Sparky66]

C'mon.........this poor guy was sold a dud. Get yourself a good lawyer and pursue the shit out of these fuckers.

[QLD]

Lawyers = cash sucking vermin.

A Current Affair = your best chance.

No car dealership likes BAD publicity, especially a BMW dealership trading on a reputation of quality product and quality service.

Involve the media immediately, and make yourself and your car available for all media stories and interviews.

Hit hard and hit NOW!!

[Stuart@BMRAutowerkes]

give the dealer the chance to rectify the issue first, then get the media involved if you have to.

[eggy]

Spoke to the dealer they dont wanna budge on a refund, and its going to be a long expensive process if I end up going down that path but I guess its a option.

This is what has been said today, "As discussed on the telephone we will honour the conditions placed upon us to provide a vehicle in road worthy condition in NSW. If there is any further conditions placed upon Victorian drivers this will not be covered"

He then tried to go on and say that the rules are stricter in Vic which I find hard to believe. This car would have failed a RWC in any state. He also said maybe Doncaster is saying all this as you didnt buy the car from them and their trying to make us look bad.

Ill wait and see what they say tomorrow in regards to repairs and if its not satisfactory Ill contact bmw and then consumer affairs. You cant sell a car with items that dont work. I also have their 100 point check which is BS as they have tested and checked all these options that the car never even had.

As the car was a premium selection from BMW I thought I would skip the pre purchase inspections, lesson learnt...Im pretty sure BMW Aus will be interested in this, will wait and see tomorrow.

[QLD]

Originally Posted by eggy

pretty sure BMW Aus will be interested in this....

A secondhand, 4 yr old car.... I doubt it?

The media however certainly will be... they will love to stick it up a smartarse german car dealer that trade on the premise of selling 'the ultimate driving machine'...

[Ninjaoz]

holy crap! i'd definitely contact BMW Australia if the matter does not get resolved.

we had a similar incident with BMW Col Crawford aka Con Crawford, they are just a bunch of crooks! http://www.notgoodenough.org/viewtopic.php?t=35500

[bcoz]

My 2c. Make a detailed list of all defects and all missing options (comfort access, etc), preferably backed by a written report from bmautowerks. If the total number of issues are significant (which it sounds like they are), then you should be demanding a full refund on the basis that you were sold a sub-standard car under false pretences (lemon dressed up as a "BMW Premium Selection" vehicle).

BMW Premium Selection is more than a statutory warranty, it is an extension of the brand - marketed, backed and guaranteed by BMW Australia.

You can download the Premium Selection Brochure and Terms & Conditions from the BMW website. An extract from the brochure...

100% BMW GUARANTEED.
For 100% peace of mind, all BMW Premium Selection vehicle owners receive a minimum one year, unlimited kilometre, nationwide BMW factory-backed Warranty,with exclusive cover, support and benefits.

BMW Premium Selection vehicles also come backed with one year or 25,000km complimentary Scheduled Servicing and minimum one year BMW Roadside Assistance and Accident Management, with the option of extending your one year BMW Warranty, Servicing, Roadside Assistance and Accident Management for a further one to two year term.

Put/get everything in writing and escalate to:
1. NSW Dealer
2. BMW Australia. This is where you should ultimately be targeting your complaints/demands. Let them know that you will make the car available for inspection at any dealer they nominate. If you don't get results here, make noises about seeking legal advice, but ultimately you will have to decide whether to accept any offers short of a full refund (eg. loan car while yours is repaired plus a 1-year extension of Warranty, Servicing, Roadside Assistance).
3. Consumer Affairs/Office of Fair Trading
4. Legal Advice (optional, may not get this far)

Good Luck!

[MFKN3]

Wow that stinks. It sounds like misrepresentation. Getting media involved is a joke and unlikely to eventuate or get you a satisfactory resolution. People get fucked over and ripped off every day - it just seems to be the aussie way and 99% of the time they get away with it.

Since you have tried to resolve the issue direct, escalate to BMW Australia (assuming they are a linked dealer) with the backing of doncaster if they are happy to assisst. I wouldn't put any more miles on it or do repairs to avoid the blame going back to you, it's illegal to drive anyway. The least you would hope for is the dealer to cover cost of repairs, but since it has been pranged and warranted that it is in working condition, ideally a refund would be best. Failing this, getting legal advice would be the best $300 you could spend to try get this sorted. If it were me, I'd probably get a decent lawyer to find out where I legally stand and contact BMW, rather than deal with it myself and listen to their BS. They will do everything they can to avoid paying more money, especially if it's only a request from you, instead of a legal right or demand. Good luck!

[TaylorA]

Sorry about your situation - would there be any chance you could dig up details of the collision ie when it happened?